If your company is using the short-form warnings to comply with California’s Proposition 65 requirements, yet another major change is likely coming that will affect your Prop. 65 compliance plan. The proposed regulatory changes to the widely adopted use of short-form...
Gilliam Stewart
Amazon Ruling Impacts Prop 65 Issues
The 2020 Prop. 65 Clearinghouse conference marked another year of thought-provoking discussion on the current state of Proposition 65 regulations and litigation. Although the Act is nearly 35 years old, trends in enforcement litigation and defenses are continuously...
No Smoking? No Problem. New DNA Defenses in Non-Smoking Lung Cancer Cases
In asbestos-related litigation involving cases of lung cancer, the question of whether asbestos was a cause in the development of the plaintiff’s lung cancer is nearly always hotly contested. Cancers are caused by mutations that may be inherited, induced by...
If You Know It When You See It, Do You Really Need A Warning?
A proposed bill out of the Utah Legislature this week marks an unexpected turn in the expansion of legislation mimicking California’s Proposition 65. Where Prop. 65 requires a “clear and reasonable” warning regarding exposures to toxic substances, Utah’s House Bill...
Prop 65 Coffee Litigation May Be Drawing To Close
A new regulation taking effect today, October 1, 2019, may finally put an end to litigation as to whether California’s Proposition 65 warnings are required on coffee due to the presence of acrylamide. The new regulation states: “Exposures to chemicals in coffee,...
Small Business and Prop 65: Free Pass? Not So Fast
California’s Proposition 65 (Prop 65) has a major exception for small businesses: the law does not apply to businesses employing fewer than ten employees. Such small businesses, however, should be cautious as traps abound for the unwary in the realm of Prop 65. For...
Prop 65 Proposals Take Aim At Cannabis Industry
California’s Proposition 65 is, among other things, a consumer product labeling law. Though there are exceptions to the rule, it is generally a safe bet that if a product contains one or more of approximately 900 chemicals known to the State of California to cause...
Proposition 65 Affects CA Property Owners and Landlords, Too!
Proposition 65 warning signs are nearing ubiquity on assorted products sold in California and at various premises in the state. Among the requirements of Prop. 65, certain landlords must provide warnings to their tenants. Over the past year, the agency responsible...